Monitoring the Session

SB 953

Johnson Bill Limits Pre-Suit Depositions To People With Actual Damages

Died in committee

Verdict: No flags

No flagsInitial review
Sen. Nathan JohnsonDSenate 16

Initial review · graded Oct 20, 2026 · Headline, summary and grade are analysis of the bill text, not a finding about any person · How we grade

Caption

relating to eligibility to request a deposition before bringing a civil action.

Caption from analyzed text · version I.

Summary

Ask without damages? You pay the other side’s lawyers. The Texas Supreme Court can’t change it.

The bill writes into state law the ability to ask a court for a deposition before a lawsuit is filed, but only for a person who has suffered, or reasonably expects to suffer, actual damages. Anyone who files that kind of request without meeting the damages test must pay the lawyers' fees of each person they tried to depose. It also bars the Texas Supreme Court from changing or repealing this rule through its own court rules, and it takes effect immediately with a two-thirds vote or on September 1, 2025.

Labels

Labels: NEVER GOT A HEARING. Filed Jan 28, 2025 and referred to the Senate Jurisprudence committee. No public hearing. The bill died.

Receipt

The receipt

89R-SB953 · 2025-01-28

SOLD BY

ITEM

relating to eligibility to request a deposition before bringing a civil action.

WHAT IT DOES

Ask without damages? You pay the other side’s lawyers. The Texas Supreme Court can’t change it.

The bill writes into state law the ability to ask a court for a deposition before a lawsuit is filed, but only for a person who has suffered, or reasonably expects to suffer, actual damages. Anyone who files that kind of request without meeting the damages test must pay the lawyers' fees of each person they tried to depose. It also bars the Texas Supreme Court from changing or repealing this rule through its own court rules, and it takes effect immediately with a two-thirds vote or on September 1, 2025.

CHARGES

[ ] NONE FOUND

TOTAL

No fiscal note in the loaded record.

HISTORY

  1. Received by the Secretary of the Senate
  2. Filed
  3. Read first time
  4. Referred to Jurisprudence
FILED UNDER

SPEECH AND LAWFARE

THE TEXT

“A person who files a petition in violation of this section is liable to each person attempted to be deposed in the petition for that person's attorney's fees incurred in defending against the petition.”

Bill text, introduced version (I)

The bill limits pre-suit fishing depositions and makes the filer pay the target's legal fees, which shields people from investigative discovery brought without real damages.

No flags

THANK YOU FOR CHECKING THE RECEIPT

CAMPAIGN PAID FOR BY

CAMPAIGN PAID FOR BY

Donors

Daniel Cocanougher$250,000Texas Sands PAC$130KMarguerite Hoffman$125,000

Not tied to this bill.

Sources

The author's campaign account only. Own money and internal transfers are separate on the member page.

Derived itemized flow · Jul 1, 2024 to Oct 24, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Daniel Cocanougher$250,000.00
Texas Sands PAC$129,500.00

Texas Sands PAC

$129,500.00

Cash
$129,500.00
Paid by others
$0.00
Total
$129,500.00

Also funds 121 other sitting lawmakers.

Derived recipient stock · Jul 3, 2024 to Oct 24, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · Nov 27, 2024 to May 12, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 100990378, 101033698, 101040111, 101052272.

Marguerite Hoffman$125,000.00
Money

Missing data does not establish zero giving. Display amounts are rounded.

×

Texas Sands PAC

$129,500.00

Cash
$129,500.00
Paid by others
$0.00
Total
$129,500.00

Also funds 121 other sitting lawmakers.

Derived recipient stock · Jul 3, 2024 to Oct 24, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · Nov 27, 2024 to May 12, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 100990378, 101033698, 101040111, 101052272.

Votes

No floor vote loaded for this bill.

Fiscal

No fiscal note in the loaded record.

How this was graded

Analysis of text version I by claude-opus-5-5, Oct 20, 2026, against the published rubric.

Sources

Texas Senate · Filed Jan 28, 2025

02/13/2025 S Referred to Jurisprudence

Texas Legislature Online · Introduced

Data snapshot Oct 26, 2026 at 4:20 AM CDT. Grades, charges, quotes and corrections follow the published record.

Senate committee · Jurisprudence · Final status: Died in committee

Subjects

Civil Remedies & Liabilities

Courts--Civil Procedure

Text

The text as introduced · 266 words

89R1539 SCL-D

By: Johnson
S.B. No. 953

A BILL TO BE ENTITLED

AN ACT

relating to eligibility to request a deposition before bringing a

civil action.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 20, Civil Practice and Remedies Code, is

amended by adding Section 20.003 to read as follows:

Sec. 20.003. ELIGIBILITY TO REQUEST DEPOSITION BEFORE

BRINGING ACTION. (a) Subject to Subsection (b), a person may

petition a court for an order authorizing the taking of a deposition

on oral examination or written questions to:

(1) perpetuate or obtain the person's own testimony or

that of any other person for use in an anticipated action; or

(2) investigate a potential claim or action.

(b) A person may not petition the court for a deposition

described by Subsection (a) if the person has not sustained or will

not reasonably expect to sustain actual damages in the person's

anticipated or potential claim or action.

(c) A person who files a petition in violation of this

section is liable to each person attempted to be deposed in the

petition for that person's attorney's fees incurred in defending

against the petition.

(d) Notwithstanding Section 22.004, Government Code, this

section may not be modified or repealed by a rule adopted by the

supreme court.

SECTION 2. This Act takes effect immediately if it receives

a vote of two-thirds of all the members elected to each house, as

provided by Section 39, Article III, Texas Constitution. If this

Act does not receive the vote necessary for immediate effect, this

Act takes effect September 1, 2025.